Papillion Times Printing Co. v. Sarpy County

I am unable to concur in the majority opinion overruling defendant’s application for a rehearing. I do not say plaintiff’s demurrers to defendant’s answers should not have been sustained, and shall not discuss that proposition, but I do insist the rule of practice announced is not in harmony with the spirit of our code, and is not sustained by authority. A demurrer to a separate affirm*224ative defense'in an answer admits, for the purposes of the case, the truth of all facts well pleaded therein, and the court in passing upon that pleading will consider the separate defense as though it were the…